The FWC has refused to confine same-job, same-pay orders at a BHP coal mine to haul truck drivers, because the site's industrial instruments do not use the term and on-hire employees perform various other roles.
The FWC has upheld the sacking of an employee who worked outside the scope of her role - potentially exposing her employer to liability - despite "defects" in the employer's processes.
The FWC has found employer unfairly dismissed a worker when it cut his shifts after he took up work at a competing branch of the same franchise, because it wanted workers committed to the "awesomeness" of the business.
In a significant breakthrough for a NTEU excessive workloads case, a FWC full bench has found a university could have breached its agreement by allocating tasks to academics they could not reasonably complete within full-time hours, but it is questioning what, if any, relief would be available.
A tribunal has rejected a bid by the NSW Department of Education to block SafeWork from cross-examining a witness and from relying on previously redacted evidence on the basis of public interest immunity.
The FWC has rebuffed an employer's bid to suppress the identities of employees cited in a manager's witness statement for an intractable bargaining case, after highlighting that they had not sought that their conversations or names be kept secret.
A tribunal has ordered a lawyer to pay more than $41,000 of the $371,000 in costs Legal Aid Queensland accrued in defending her "protracted" discrimination and victimisation claims, finding her legal knowledge and lack of supporting evidence justified an order against her.
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Using suspension powers to compel a clinical nurse with a career spanning 60 years to work day shifts was unfair and unreasonable as it conflicted with her caring duties, while also being unintentionally "quite cruel", Queensland's IRC has found.
The FWC has upheld a worker's flexible work request after his employer ended an informal 13-year arrangement, in a decision reaffirming the precedence of the NES, even when it is inconsistent with the terms of an enterprise agreement.
